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How an embattled energy storage project in Acton, California, is threatening faster federal permits.

One hour north of Los Angeles, the small town of Acton is experiencing a battery energy storage buildout — and quickly becoming the must-watch frontline in the backlash against lithium-ion energy storage systems. The flashpoint: wildfires.
Like many parts of California, Acton has hot summers with heavy winds, putting it at elevated risk of the kind blaze that makes national headlines. Battery storage fires, while rare, are a unique threat, with relatively little data available about them to help regulators or the public understand the risk. People in Acton wondered: Would they really be safe if a wildfire engulfed a battery storage site, or if a battery failure sparked a new conflagration?
When L.A. County blessed the first battery energy storage system project in Acton last year, developers and local fire officials said they were doing everything in their power to ensure the batteries would meet safety standards. Residents were far from convinced.
“This will turn our community into industrial hell and it’ll erase us from the face of the Earth,” Jacqueline Ayer, a member of Acton’s town council, told me. Ayer is helping lead the local fight against the projects.
I’ve now spent more than a month researching the fight in Acton. In the process, I’ve learned how much — or little — we know about when battery energy storage and wildfires mix. We’ll get to that later in this story. To be honest, debunking battery fire risk wasn’t why I spent a month on Acton. It was what happened when the fears took hold.
Feeling they’d been failed by both the regulatory approval process and the court system, the Acton project’s opponents turned to their representative in Washington, House Republican Mike Garcia. Though Garcia can’t do anything to stop this particular project, he can severely hinder future ones: As Heatmap can exclusively report, after lobbying from Acton, Garcia inserted language into the annual funding bill for the Department of Energy that would block it from implementing a new rule designed to expedite permits for federally funded battery projects.
“What we’re hoping is that [with Garcia] being at the federal level, he’ll shed some light to the people at the top,” said Ruthie Brock of the activist group Acton Takes Action, “because if the top becomes informed, it’ll trickle down to local governments.”
This is why the Acton fight is so important — it demonstrates the risk of failing to obtain community buy-in, which can ricochet in ways no one intended. The political and media environments are quick to sensationalize the downsides of renewable energy, creating a tinderbox atmosphere in which small local fights can quickly become national ones.
On some level, a fight over battery fires going national was inevitable. Across the country, from New York to Washington state, communities are revolting against battery energy storage sites coming to their backyards. Often, those opposed cite the feared threat of fires or explosions.
Fires in battery energy storage systems, a.k.a. BESS, are quite rare. According to what data is available, the number of fires has stayed relatively flat even as deployment has grown drastically. There were fewer than 10 failure events in the U.S. in 2023, and there have been even fewer so far this year.
But when a fire does happen, experts say it can be quite difficult to put out. In some cases, there’s nothing a community can do other than let the blaze run.
“There’s a lack of consensus. There’s a lot of experts out there providing guidance, and that’s something we’re trying to work on with training throughout the country,” Victoria Hutchinson, an engineer with the Fire Protection Research Foundation, told me. “[It’ll] instill some fear in the meantime we figure out the best approach.”
Information on BESS and wildfires is even less available. Guillermo Rein, a professor of fire science and the editor-in-chief of the journal Fire Technology, told me the matter has not really been studied.
“When I say [BESS are] new, I mean really new,” Rein said. “We hardly know how it works when it gets [on] fire and we don’t have many technologies that are proven to work. We have technologies that we wish will work, but proven technologies that work are very rare. That means we have a new hazard we are struggling to understand and in the meantime, we don’t know how to protect against it.”
Los Angeles County approved Acton’s first battery storage system — Humidor, a 300 megawatt project by Hecate Energy — last summer through an expedited “ministerial” process, the local equivalent of a “categorical exclusion” under the National Environmental Policy Act. Ministerial reviews and categorical exclusions are used by regulators to skip the drawn out process of an environmental review because they can reasonably predict a lack of significant impact. Joseph Horvath, a spokesperson for L.A. County Planning, gave me a statement defending the approval and stating BESS projects must meet all local and state zoning and fire codes to receive a ministerial approval.
California had identified the Acton community back in 2021 as a potential site for energy storage to protect against future power shut offs. Acton made sense because it’s close to the SoCal Edison Vincent substation, making it well positioned to connect to the grid. There was also a real sense of urgency: To achieve its goal of 100% carbon-free electricity by 2045, the state estimates it will need to install a projected 52,000 megawatts or more of battery storage. Humidor is the first of what appears to be multiple projects being planned for the area, including two more Hecate facilities according to materials on the company’s website.
Convinced that a battery boom could mix poorly with extreme fire risk, and that the county moved far too fast to approve Humidor, Acton residents sued. The county, they argued, had little reason to conclude the facility would have an insignificant impact on the environment — so few BESS projects have been approved that the county used the standards from a different kind of project — an electrical substation — to draw that conclusion. L.A. County Planning told me they chose this comparison for reasons including the “purpose of BESS and its connection to the larger network for distributive purposes.”
Rein told me that at least when it comes to the fire risk, this isn’t an accurate comparison, and that there’s not actually enough data to claim such a facility would have an insignificant impact. “I would put great efforts into making sure this facility is safe,” he said. “They can’t just say, I met the regulation, I did enough. Because it’s a new hazard.”
Many of those in Acton opposed to the project believe the approval was rushed, and claim that little information was made available to the public as it was going through the county’s process. Furious residents have told county planners that the Acton town council was not notified in advance that an approval was on its way. They testified before the county board of supervisors that Hecate held only a single public meeting to discuss what it intended to build, with little notice given to potentially concerned citizens.
In my experience as a journalist reporting on large energy projects with serious community impacts, transparency is key to getting local buy-in to build a project. For years I covered the mining industry, where innumerable decades of toxic waste spills and labor scandals have forced companies to really innovate and spend serious dough on obtaining “social license to operate,” a term developers and investors use to describe acceptance to a company’s business practices.
This, of course, differs from the YIMBY school of thought that companies and governments should eschew frustrated municipalities to pursue the overriding net good of climate action. There are certainly merits to this argument, especially when it comes to communities that won’t take yes for an answer, and we’ll be exploring case studies supporting that view in future editions of The Fight.
I’m on the fence about whether Acton is one of those cases, though. Ayer, an environmental engineer by trade, told me she supports decarbonization and wants to see climate action happen. She just wants to feel assured the technology is safe.
If it wasn’t a lithium-ion battery storage facility “I would feel comfortable,” she said. “We will shoulder some of the weight. But it isn’t right that we shoulder all of the weight.”
When I tried to talk to Hecate about Acton’s wildfire concerns and how the company had engaged with the community, a company spokesperson, Bobby Howard, declined to make anyone available for an interview citing “ongoing litigation related to the subject.” Howard provided a factbook that said only that Humidor would “meet or exceed” local and state fire codes — without specifying which codes — and detailed some of the outreach the company did, including the public meeting as well as mailers to “thousands of individuals throughout the greater Los Angeles area, including civically engaged individuals throughout Acton.”
Howard declined to answer questions requesting more information about the company’s public outreach and wildfire planning. He did tell the Los Angeles Times earlier this year that Humidor would have “seismic bracing, safety zones around the perimeter, substantial setbacks from parcel boundaries, gravel breaks and a masonry wall around the facility.”
Stanford University senior research scholar and legal energy expert Michael Wara explained to me that in cases like these, having buy-in from the community is important to avoiding litigation and social blowback. “That is losing,” Wara said. “You have not served your client if you end up in litigation.”
“Having a process by which people are informed about a project and have an opportunity to provide input is important for buy-in for all kinds of projects related to the energy transition if you want to build in a democratic society,” he said. “Is it really the fire risk the community is concerned about?”
When it comes to the Acton battery fight, it’s the fears of fire that scare me the most, not the fire itself.
I sought reasons to be optimistic about putting battery energy storage in areas like Acton that are prone to wildfire because, well, California is essentially one big fire risk zone. James Campbell, a wildfire policy expert at the Federation of American Scientists, told me that battery energy storage decreases net wildfire risk compared to gas storage tanks and pipelines. “If we consider the whole-climate trade-offs, battery systems are much safer,” he said.
On its end, Hecate claimed in a letter to the L.A. County Board of Supervisors that a BESS fire has never traveled off-site, and that because the fires are fueled by flammable gasses, there is minimal risk of embers traveling elsewhere and igniting grass or bushes. The company pointed me to this letter when I reached out for comment.
“Nothing about fire risk mitigation is about certainty. It’s more, risk mitigation and fire is kind of like wearing a seatbelt,” Wara told me. “If you’re going 120 miles an hour down the highway and you get in a high-speed collision, your seatbelt will not save you. [But] there’s rapid advances in how these systems work.”
In the end, he added, meeting California’s carbon emissions targets will “probably mean building somewhere that there is non-trivial wildfire risk.”
What’s happening to offshore wind should be a cautionary tale for developers considering whether sinking time and money into community relations is really worth it: Last year, coastal fishermen and beach town mayors in New Jersey joined forces with fossil fuel funding and right-wing agitators to foment a conspiracy-infused campaign against offshore wind that has truly rattled the future of the industry.
Part of that offshore wind backlash grew out of New Jersey Republicans in Congress using the pulpit of their offices and filing amendments to legislation. As Garcia takes up Acton’s cause, I do wonder whether battery energy storage might be next. November’s election makes it less likely his language hindering expedited approvals for BESS projects will make it into the final funding bill, and Garcia’s office did not respond to requests to discuss its prospects.
But regardless, it’s an ember that could become a fire of its own.
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It’s now clear that 2026 will be big for American energy, but it’s going to be incredibly tense.
Over the past 365 days, we at The Fight have closely monitored numerous conflicts over siting and permitting for renewable energy and battery storage projects. As we’ve done so, the data center boom has come into full view, igniting a tinderbox of resentment over land use, local governance and, well, lots more. The future of the U.S. economy and the energy grid may well ride on the outcomes of the very same city council and board of commissioners meetings I’ve been reporting on every day. It’s a scary yet exciting prospect.
To bring us into the new year, I wanted to try something a little different. Readers ask me all the time for advice with questions like, What should I be thinking about right now? And, How do I get this community to support my project? Or my favorite: When will people finally just shut up and let us build things? To try and answer these questions and more, I wanted to give you the top five trends in energy development (and data centers) I’ll be watching next year.
The best thing going for American renewable energy right now is the AI data center boom. But the backlash against developing these projects is spreading incredibly fast.
Do you remember last week when I told you about a national environmental group calling for data center moratoria across the country? On Wednesday, Senator Bernie Sanders called for a nationwide halt to data center construction until regulations are put in place. The next day, the Working Families Party – a progressive third party that fields candidates all over the country for all levels of government – called for its candidates to run in opposition to new data center construction.
On the other end of the political spectrum, major figures in the American right wing have become AI skeptics critical of the nascent data center buildout, including Florida Governor Ron DeSantis, Missouri Senator Josh Hawley, and former Trump adviser Steve Bannon. These figures are clearly following the signals amidst the noise; I have watched in recent months as anti-data center fervor has spread across Facebook, with local community pages and groups once focused on solar and wind projects pivoting instead to focus on data centers in development near them.
In other words, I predicted just one month ago, an anti-data center political movement is forming across the country and quickly gaining steam (ironically aided by the internet and algorithms powered by server farms).
I often hear from the clean energy sector that the data center boom will be a boon for new projects. Renewable energy is the fastest to scale and construct, the thinking goes, and therefore will be the quickest, easiest, and most cost effective way to meet the projected spike in energy demand.
I’m not convinced yet that this line of thinking is correct. But I’m definitely sure that no matter the fuel type, we can expect a lot more transmission development, and nothing sparks a land use fight more easily than new wires.
Past is prologue here. One must look no further than the years-long fight over the Piedmont Reliability Project, a proposed line that would connect a nuclear power plant in Pennsylvania to data centers in Virginia by crossing a large swathe of Maryland agricultural land. I’ve been covering it closely since we put the project in our inaugural list of the most at-risk projects, and the conflict is now a clear blueprint.
In Wisconsin, a billion-dollar transmission project is proving this thesis true. I highly recommend readers pay close attention to Port Washington, where the release of fresh transmission line routes for a massive new data center this week has aided an effort to recall the city’s mayor for supporting the project. And this isn’t even an interstate project like Piedmont.
While I may not be sure of the renewable energy sector’s longer-term benefits from data center development, I’m far more confident that this Big Tech land use backlash is hitting projects right now.
The short-term issue for renewables developers is that opponents of data centers use arguments and tactics similar to those deployed by anti-solar and anti-wind advocates. Everyone fighting data centers is talking about ending development on farmland, avoiding changes to property values, stopping excess noise and water use, and halting irreparable changes to their ways of life.
Only one factor distinguishes data center fights from renewable energy fights: building the former potentially raises energy bills, while the latter will lower energy costs.
I do fear that as data center fights intensify nationwide, communities will not ban or hyper-regulate the server farms in particular, but rather will pass general bans that also block the energy projects that could potentially power them. Rural counties are already enacting moratoria on solar and wind in tandem with data centers – this is not new. But the problem will worsen as conflicts spread, and it will be incumbent upon the myriad environmentalists boosting data center opponents to not accidentally aid those fighting zero-carbon energy.
This week, the Bureau of Land Management approved its first solar project in months: the Libra facility in Nevada. When this happened, I received a flood of enthusiastic and optimistic emails and texts from sources.
We do not yet know whether the Libra approval is a signal of a thaw inside the Trump administration. The Interior Department’s freeze on renewables permitting decisions continues mostly unabated, and I have seen nothing to indicate that more decisions like this are coming down the pike. What we do know is that ahead of a difficult midterm election, the Trump administration faces outsized pressure to do more to address “affordability,” Democrats plan to go after Republicans for effectively repealing the Inflation Reduction Act and halting permits for solar and wind projects, and there’s a grand bargain to be made in Congress over permitting reform that rides on an end to the permitting freeze.
I anticipate that ahead of the election and further permitting talks in Congress, the Trump administration will mildly ease its chokehold on solar and wind permits because that is the most logical option in front of them. I do not think this will change the circumstances for more than a small handful of projects sited on federal lands that were already deep in the permitting process when Trump took power.
It’s impossible to conclude a conversation about next year’s project fights without ending on the theme that defined 2025: battery fire fears are ablaze, and they’ll only intensify as data centers demand excess energy storage capacity.
The January Moss Landing fire incident was a defining moment for an energy sector struggling to grapple with the effects of the Internet age. Despite bearing little resemblance to the litany of BESS proposals across the country, that one hunk of burning battery wreckage in California inspired countless communities nationwide to ban new battery storage outright.
There is no sign this trend will end any time soon. I expect data centers to only accelerate these concerns, as these facilities can also catch fire in ways that are challenging to address.
Plus a resolution for Vineyard Wind and more of the week’s big renewables fights.
1. Hopkins County, Texas – A Dallas-area data center fight pitting developer Vistra against Texas attorney general Ken Paxton has exploded into a full-blown political controversy as the power company now argues the project’s developer had an improper romance with a city official for the host community.
2. La Plata County, Colorado – This county has just voted to extend its moratorium on battery energy storage facilities over fire fears.
3. Dane County, Wisconsin – The city of Madison appears poised to ban data centers for at least a year.
4. Goodhue County, Minnesota – The Minnesota Center for Environmental Advocacy, a large environmentalist organization in the state, is suing to block a data center project in the small city of Pine Island.
5. Hall County, Georgia – A data center has been stopped down South, at least for now.
6. Dukes County, Massachusetts – The fight between Vineyard Wind and the town of Nantucket seems to be over.
A catch-up with kWh Analytics’ Jason Kaminsky.
This week’s conversation is a catch-up chat with Jason Kaminsky of kWh Analytics, an insurance firm that works with renewable energy developers. I reached out to Kaminsky ahead of the new year because as someone with an arms-length distance from development, I find he is able to speak more candidly about market dynamics and macro-level trends – as well as the fears many have in rural communities about energy project failures, like battery fires. Seeing as the theme this week felt like “data centers forever,” I also thought it would be good to get up to speed on what he’s most focused on in that space, too.
The following conversation has been lightly edited for clarity.
Okay so, Jason – is renewable energy actually benefiting from the data center boom?
Renewables are supporting our load growth boom. Data centers are about a third of the projected load growth. So it is certainly a key component of what is driving demand broadly, but not the only component. The other pieces worth considering are the electrification of transportation, the reindustrialization of America, and the electrification of residential homes. But data centers are getting enthusiasm because of how quickly people are trying to deploy them.
The unique benefit renewables have is that they’re able to deploy quickly, and you need the benefits that storage has to handle these load centers.
How rapidly is the data center buildout and its associated infrastructure buildout actually happening, and how rapidly is this demand curve actually rising?
Remember, we’re not a developer on the front line, and a developer on the front line might have a better answer to this. But I’d say most of the activity today in the data center space is still quite a ways out. It’s either linked to a new facility or the planning of a new facility. Now, granted, we’re seeing it quite late in the process because we’re the insurance company, and so from an operational perspective, we’re not seeing it in the numbers yet. But it is in the forecasts, which is what you’re seeing, as well.
When it comes to concerns about renewable energy development at the local level, the last time we spoke was about project risk and the extent to which projects face weather risks, fire risks. Do data centers face these same kinds of risks?
The data center development ecosystem parallels very closely with the project development ecosystem with renewables.
What I mean by that is you have a few mega-developers, like the NextEras of the world, but instead it’s Meta and Google building these massive centers, these 800-pound gorillas. Then you have these companies that are equivalent to [independent power producers], a lot of people building mid-size to small-size data centers, and either building them on spec or with long-term contracts. Within that you have very different community engagements and quality, different power generation strategies and siting strategies, but there’s no universal data center approach. It’s a very stratified data center ecosystem.
It probably compounds the problem because you have more land being used. There are stories like the X data centers not getting permits for their generators, and resulting local pollution. There have been concerns in the media about heat effects and the way data centers use so much water.
Before, though, renewables were the focus. Now data centers are the focus and renewables are just kind of along for the ride.
Has the conversation around the renewable energy sector and its project-level business risks evolved in the year since we last spoke? Have data centers changed the conversation?
I would say that from a micro perspective, as you start pairing these facilities with data centers, one of the things you have to think about from a risk management perspective and the insurance perspective is the lost revenue due to a failure.
Generally, that’s electricity sales. There’s something called business income insurance, which, if you have a loss of a facility, you pay for lost revenue. But if you’re paired with a data center and your lost income is now compute income, your business income exposure can be much higher. So the resiliency of an asset or the reliability of an asset becomes that much more valuable and expensive.
I don’t think we’ve seen a lot of that yet in our ecosystem, but I think it’s coming.
What is your biggest prediction in the renewable energy space next year?
I think that the risk of China building more data centers than us and getting ahead of us in the race for AI – and the risk of energy inflation – is going to make some of these problems easier to solve from a risk perspective.
My hope is that the fear of being left behind and the fear of risk associated with energy inflation will lead to legislators allowing for more quick-to-deploy, cheap and clean power going to the grid. Renewables will find a way onto the grid. With just a little bit of legislative guidance and pathway, a lot can happen.